Childers v. Southern Pacific Co.
New Mexico Supreme Court
Appeal from District Court, Luna County; Neblett, Judge. Action by John T. Childers against the Southern Pacile Company. Prom judgment for plaintiff, defendant appeals. Appellee was a mere trespasser upon the tracks of appellant company; did not contemplate passage on its line of railroad; that there was no privity between the two, nor was he oh the right of way for the purpose of transacting any business with appellant company.
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Appeal from District Court, Luna County; Neblett, Judge. Action by John T. Childers against the Southern Pacile Company. Prom judgment for plaintiff, defendant appeals. Appellee was a mere trespasser upon the tracks of appellant company; did not contemplate passage on its line of railroad; that there was no privity between the two, nor was he oh the right of way for the purpose of transacting any business with appellant company. Under the pleadings and proof appellee was not entitled to recover under the law. Phila. B. & W. R. Co. v. Stumpo, 112 Md. 571, 77 Atl. 266; Labatt’s Master &…
1Opinion of the Court
OPINION OP THE COURT.
ROBERTS, C. J.
(after stating the facts as above) — - Counsel for appellant have not indicated clearly the points they intend to raise by their assignments of error 1, 2, and 3, discussed under their first proposition; but from a reading of the assignments in question, and the authorities cited in support thereof, we shall assume, as did counsel for appellee, that the following questions are involved.(1) Was the watchman acting within the scope of his -employment, or in pursuance of his own ends?(2) Is appellant liable fox an assault by its servant upon one whom he…
2Cases cited7 opinions
- Gillingham v. Ohio River RailroadWest Virginia Supreme Court · 1891
- McKain v. Baltimore & Ohio R. R. Co.West Virginia Supreme Court · 1909
- Dixon v. Northern Pacific Railway Co.Washington Supreme Court · 1905
- Conchin v. El Paso & Southwestern RailroadArizona Supreme Court · 1910
- James v. HoodNew Mexico Supreme Court · 1914
2 more not listed; retrieve them via the Exa API.
3Cited by32 opinions
- McCauley v. RayNew Mexico Supreme Court · 1968
- Ada-Konawa Bridge Co. v. CargoSupreme Court of Oklahoma · 1932
- Lessard v. Coronado Paint & Decorating Center, Inc.New Mexico Court of Appeals · 2007
- Samedan Oil Corp. v. NeeldNew Mexico Supreme Court · 1978
- Peña v. GreffetDistrict Court, D. New Mexico · 2015
27 more not listed; retrieve them via the Exa API.